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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant was provided medical treatment to the E-Korean Council member who is located in the main place of the strike who issues a false medical certificate despite his/her presence in the fathercheon and the statement of G, H, and F. However, the defendant was a false patient, but the court below which acquitted the defendant of the facts charged in this case, erred in the misapprehension of facts and affected the conclusion of the judgment.
2. Determination
A. On September 21, 2011, the summary of the facts charged, the Defendant filed a claim for insurance proceeds with the employee in charge C, who received hospitalized treatment from the E-Korean Council members located in Gyeonggi-si D from July 22, 2011 to September 16, 2011 due to brain blood cycle disorder, etc.
However, the defendant did not need to receive hospital treatment or receive hospital treatment for most of the hospitalization period at the time.
As such, the Defendant, by deceiving the life insurance for the victim, received KRW 1,770,00 as insurance money from the victim.
B. The lower court determined that: (a) G cannot be determined by the lower court’s determination; (b) G cannot be determined as a false patient; (c) whether the Defendant was hospitalized in the court of the lower judgment; and (d) the Defendant was hospitalized for 57 days even if the Defendant was not a person who was hospitalized in the court of the lower judgment; and (d) G and H stated that the investigative agency reported the name of the patient at the investigative agency to the body of the patient; and (c) it is difficult to readily conclude that G and H’s classification of the Defendant as a false patient at the investigative agency was based on accurate or memory; (b) the Defendant was diagnosed at the I Hospital on May 30, 201 after being diagnosed as a brain blood circulation disorder, conical signboard escape certificate, local class, hemoponitis, and/she was hospitalized from May 14, 2011 to June 8, 2011; and in particular, from July 29, 2011 to July 21, 2011.